Uncertainty remains over who will replace outgoing Labor MP Alannah MacTiernan, just a week out from state parliament resuming.
Ms MacTiernan announced her retirement for the "last" time in November last year after three decades in politics at local, state and federal levels.
"Sometime shortly before Christmas I will be stepping down from my ministerial portfolios and sometime in January I will be finishing up in my parliamentary position," Ms MacTiernan said at the time.
She was replaced in cabinet as part of December's reshuffle, but is understood to have not yet formally offered her resignation to the President of the Legislative Council.
When she does, it will enliven a quirk in WA's electoral system that has created a game of hot potato over who wants her place and who does not.
Tricky process to replace MacTiernan
The tricky situation is a result of Western Australia's 340 page-long electoral act.
It sets out that a resignation in the Legislative Council – parliament's upper house – doesn't force a by-election, like what happened when Nationals lower house MP Vince Catania resigned last year.
Instead, once Ms MacTiernan resigns, other candidates who contested the 2021 election in the South West electorate can nominate themselves to fill the vacancy, before votes are recounted to see who takes the seat.
It means the seat is effectively Bunbury sign-writer John Mondy's for the taking, given he's the next person on Labor's ticket who wasn't elected.
But when contacted by the ABC on Monday, Mr Mondy would only say the Labor Party was "aware of his position".
Likely replacement defending charges
If he passes on the opportunity, which many expect him to, it would fall to lawyer Ben Dawkins who was fifth on the ticket, but has since been suspended from the Labor Party.
"In light of charges against Benjamin Dawkins, last year the WA Labor Administrative Committee unanimously agreed to suspend his membership of WA Labor," party secretary Ellie Whiteaker said yesterday.
Mr Dawkins is currently facing 43 charges of breaching a family violence restraining order, alleged to have happened between May and November of last year.
"The alleged breach is relating to an email, or some emails, that I'm allowed to send about my kids and about the property and so on," he said outside court yesterday.
"The allegation is that maybe I went off topic and potentially I got emotional about not seeing my kids, which I think most dads would be the same.
"I'm not guilty of anything and I'm contesting all the charges."
He said while there was "no guarantee" he would be elected to parliament, he would nominate for it once Ms MacTiernan formally resigns.
Suspension from party creates complications
Mr Dawkins' suspension from the party means he would almost certainly be forced to sit as an independent if he was elected.
But outside court yesterday, he told reporters he would support Labor's legislation even from the crossbench.
"At this stage, I'm just waiting for the Labor Party to go through their processes, but obviously that's where my loyalties lie," he said.
He is understood to be challenging that suspension with the help of a lawyer, in the hopes of being able to join Labor's partyroom if elected.
Mr Dawkins last year failed in both his efforts to be preselected as Labor's candidate for the seat of Forrest in the federal election, and in a bid to overturn that decision in the Supreme Court.
Premier Mark McGowan said little when asked about Ms MacTiernan's plans on Monday.
"She hasn't resigned, and obviously those matters we'll address at whatever point she does," he told reporters in Geraldton.
Opposition leader Shane Love said he was surprised Ms MacTiernan had not yet resigned.
"If she hasn't resigned she is still a member of parliament, so the expectation is she would attend parliament [next week]," he told reporters yesterday.
Once Ms MacTiernan formally resigns, the process to replace her is expected to take about two weeks, at a minimum.
Ms MacTiernan was contacted for comment.
